In determining child/caregiver ratio, the following apply:
  (1) The total number of children you may supervise is determined by the ages of the children in the child-care home.
  (2) You may use the developmental or emotional age, rather than the chronological age, of a child with special care needs, if this is recommended by a health-care professional or a qualified professional and is documented in the child's record.
  (3) All children present, including children related to you, assistant and substitute caregiver's children, and drop-in and part-time children must be counted in the child/caregiver ratio, by age of the child, regardless of the length of time they are present.
  (4) You must also count neighborhood children visiting your child-care home, if you are responsible for their care and supervision in the absence of the parent.
  (5) In a registered child-care home, you may count a child who is at least four years of age and attending a pre-kindergarten program during the customary school day in the same way children five years old and older who are in care after school hours are counted. The pre-kindergarten program must be operated by or in collaboration with the local school district.

Source Note: The provisions of this §747.1603 adopted to be effective September 1, 2003, 28 TexReg 1462; amended to be effective December 1, 2010, 35 TexReg 10266; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909